Greene v The King [1949] HCA 55

Greene v The King [1949] HCA 55

A false representation of a present intention is generally not a representation of an existing fact sufficient for false pretences unless it also represents the accused as being in a position to perform, i.e., possessing the means to deliver; in this case, the evidence did not establish such a representation of an existing fact, so the conviction must be quashed.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal and Substantive Appeal Decision
Outcome
Appeal allowed. Conviction quashed.
Legal Topics
['false Pretences' 'obtaining Property by Deception']
['criminal Law'] ['false Pretences' 'obtaining Property by Deception']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal and Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether a false statement or implied representation as to a present intention can constitute a false pretence under s. 179 Crimes Act 1900-1946 (N.S.W.)' 'Whether the evidence established a false representation of an existing fact or merely a promise as to future conduct']

Ratio Decidendi

A false representation of a present intention is generally not a representation of an existing fact sufficient for false pretences unless it also represents the accused as being in a position to perform, i.e., possessing the means to deliver; in this case, the evidence did not establish such a representation of an existing fact, so the conviction must be quashed.

Court Disposition

Appeal allowed. Conviction quashed.

Orders

  • ['Special leave to appeal granted.' 'Order of Court of Criminal Appeal set aside.' 'Conviction quashed.']